Defending Your Pest Control License From FDACS: Violations of Florida Statute 482.165(1) and 482.111(6)(a)

The pest control industry in Florida is highly regulated to ensure public safety, environmental protection, and ethical business practices. The Florida Department of Agriculture and Consumer Services (FDACS) enforces strict licensing requirements and compliance standards for pest control operators. Violations of Florida Statutes §482.165(1) and §482.111(6)(a) can lead to serious Administrative Complaints, fines, and potential license suspension or revocation.

At Elevate Legal Services, PLLC, we specialize in defending pest control businesses and certified operators facing FDACS Administrative Complaints and violations. If you have received a Notice of Violation or an Administrative Complaint from FDACS, it is essential to act quickly to protect your license and business operations. Call us at 561-770-3335 or email [email protected] for experienced legal representation to defend against FDACS enforcement actions.

Understanding FDACS Oversight of Pest Control Licenses

FDACS regulates pest control businesses under Florida Statutes Chapter 482, which establishes licensing requirements, operational guidelines, and disciplinary actions. Two key statutes that often lead to FDACS Administrative Complaints are:

• Florida Statute §482.165(1) – Prohibits unlicensed pest control activities.
• Florida Statute §482.111(6)(a) – Requires each pest control business to have a certified operator in charge at each location.

If FDACS finds violations of these statutes, they may initiate administrative actions that can threaten your ability to legally operate in Florida.

What is Florida Statute §482.165(1)? – Unlicensed Practice of Pest Control

Under §482.165(1), it is illegal for an individual or business to perform pest control services without proper licensure from FDACS. Engaging in unlicensed pest control work can result in fines, cease-and-desist orders, and legal action.

Common Violations of Florida Statute §482.165(1):

• Operating a pest control business without an active FDACS license.
• Performing pest control services before obtaining proper certification.
• Advertising pest control services without a valid license number.
• Using pesticides without FDACS authorization.
• Hiring unlicensed technicians to apply pesticides.
• Continuing to operate with an expired or revoked license.

Unique Violations of Florida Statute §482.165(1):

• Offering pest control services outside the licensed category (e.g., performing termite fumigation without the required certification).
• Falsely claiming to be a certified pest control operator.
• Transporting or storing restricted-use pesticides without proper licensing.
• Using unapproved chemicals that violate environmental or safety regulations.
• Submitting fraudulent documents to FDACS for licensing purposes.

Violating §482.165(1) can lead to serious administrative penalties, including fines, legal action, and possible criminal charges for repeated offenses.

What is Florida Statute §482.111(6)(a)? – Certified Operator in Charge Requirements

Under §482.111(6)(a), every licensed pest control business must have a certified operator in charge at each business location. The certified operator is responsible for ensuring that all pest control services comply with Florida regulations.

Common Violations of Florida Statute §482.111(6)(a):

• Operating a pest control business without a designated certified operator.
• Failing to employ a certified operator with the required category certification.
• Allowing unlicensed employees to perform pest control services unsupervised.
• Failing to update FDACS with the certified operator’s information.
• Certified operator allowing their license to expire while still in charge of operations.

Unique Violations of Florida Statute §482.111(6)(a):

• Using a “ghost operator” (certified operator in name only) who does not actively oversee operations.
• Certified operator failing to comply with required training and continuing education.
• Neglecting to train technicians in proper pesticide handling and safety protocols.
• Listing a certified operator at multiple locations without FDACS approval.
• Failing to maintain compliance with FDACS-mandated safety standards.

A violation of §482.111(6)(a) can lead to suspension of business operations, fines, and even loss of licensure.

How FDACS Handles Administrative Complaints

If FDACS determines that your pest control business or certification violates these statutes, they may take the following disciplinary actions:

• Issue a Notice of Violation – FDACS will notify you of the specific violation and provide a timeframe to respond or take corrective action.
• Investigate Your Business Practices – Inspectors may review records, visit job sites, or interview employees.
• Request a Formal Hearing – You may have to defend your case before an administrative law judge.
• Impose Penalties – This could include license suspension, civil fines, probation, or cease-and-desist orders.

How to Defend Against an FDACS Administrative Complaint

If you have received a Notice of Violation or Administrative Complaint from FDACS, do not ignore it. Follow these steps to protect your pest control license:

Step 1: Review the Complaint Carefully

• Identify the specific violations cited.
• Note the deadline for responding (typically 21 days).
• Gather all relevant business records and documentation.

Step 2: Contact an Experienced FDACS Defense Attorney

At Elevate Legal Services, PLLC, we provide aggressive legal defense for pest control businesses and certified operators. Our team will:

• Analyze the complaint and evidence to develop a defense strategy.
• Challenge allegations that are false, misleading, or exaggerated.
• Negotiate with FDACS to reduce fines or penalties.
• Represent you in administrative hearings if necessary.

Call us at 561-770-3335 or email [email protected] for immediate legal assistance.

Step 3: Gather Evidence to Support Your Defense

• Proof of licensure and certification compliance.
• Copies of training records and continuing education certificates.
• Signed contracts and customer agreements.
• Employee supervision and training logs.
• Correspondence with FDACS regarding compliance updates.

Your attorney will use this documentation to challenge the allegations.

Step 4: Submit a Formal Response to FDACS

• Address each violation with factual evidence.
• Provide corrective actions taken to resolve any issues.
• Request dismissal or reduction of penalties where applicable.

Step 5: Request a Formal Hearing if Needed

• Informal Hearing – If you accept the violation but want to negotiate a lesser penalty.
• Formal Hearing – If you dispute the allegations and need to defend your license in court.

An FDACS defense attorney will represent you throughout the hearing process.

Protect Your Pest Control License with Elevate Legal Services, PLLC

At Elevate Legal Services, PLLC, we have extensive experience defending pest control professionals against FDACS violations. We offer:

• Aggressive legal representation.
• Expert guidance on compliance and corrective actions.
• Assistance in defending against fines, penalties, and license suspensions.

If you are facing an FDACS complaint, call us at 561-770-3335 or email [email protected] for immediate legal assistance.

Final Thoughts: Defend Your Pest Control Business Today

Violations of Florida Statutes §482.165(1) and §482.111(6)(a) can threaten your pest control license and business operations. With the right legal strategy, you can protect your license, minimize penalties, and continue your work legally.

If you need a strong legal defense against an FDACS Administrative Complaint, contact Elevate Legal Services, PLLC today at 561-770-3335 or email [email protected]. We are here to fight for your rights and protect your professional future.